St. Charles Divorce Attorneys

Skilled Lawyers for Dissolution of Marriage in Illinois

Going through a divorce can be an emotionally challenging experience, no matter why a marriage may be ending. Infidelity, disagreements about finances, parenting, or other issues that led to the breakdown of a couple's relationship may make it difficult to address and resolve divorce-related issues. Even in relatively amicable divorce cases where spouses are in agreement that the end of their marriage will be the best solution for everyone involved, there are a variety of complex issues that will need to be addressed, and disagreements about these issues can prolong the divorce process.

To ensure that you will be able to complete your divorce and move forward with your life, it is important to make sure you have legal representation from a skilled attorney. At McSwain Nagle Giese & Rapp, P.C., our experienced divorce lawyers have helped numerous clients navigate through these complex matters. We can provide guidance on the best ways to resolve the issues involved in your case, and we will work to help you achieve your goals while protecting your rights and your financial interests.

Property Division in St. Charles Divorce Cases

Many of the most important financial issues to address during divorce proceedings will be related to determining how marital property will be divided between spouses. Illinois law provides for the equitable distribution of the property that a couple owns together or separately. This means that rather than simply dividing everything down the middle, property may be divided in other ways, and courts will seek to ensure that both spouses receive a fair and equitable share of the marital estate.

In an uncontested divorce, a couple will negotiate a property settlement in which they will agree on how their assets and debts will be divided without the need for the Court to make those decisions. If a couple chooses to pursue a litigated divorce and leave the decisions about property division up to the court, there are a number of factors that may be considered, such as each spouse's contribution to acquiring or maintaining assets and each party's individual needs after the completion of their divorce as well as other factors that the Court will consider.

It is important to note that only marital property - which includes any assets or debts acquired by either spouse over the course of the marriage, or in the contemplation of the marriage - is subject to division between spouses. Any separate property owned by either party prior to the marriage cannot be subject to division, however, the Court will consider the size of a party's non-marital estate in the division of the marital estate. At McSwain Nagle Giese & Rapp, P.C., we can help spouses determine how to address multiple types of marital and non-marital assets, including complex assets such as family businesses or retirement benefits.

Addressing Issues Related to Spousal Support

In some divorces, the court may award spousal maintenance, which is also known as spousal support or alimony payments. This form of support may be appropriate if there is a disparity between the incomes earned by the parties or if one spouse will be at a financial disadvantage and will be unable to maintain their lifestyle during the marriage without assistance. Spousal support payments can help a lower-earning spouse meet their ongoing needs while also providing them with the opportunity to increase their income by pursuing education.

Several factors may come into play while determining whether spousal support should be awarded. The court may consider issues such as:

• The length of the marriage
• The contributions of each spouse to the marriage, both financially and non-financially
• Each spouse's income and earning potential
• Each spouse's ongoing needs
• The standard of living established during the marriage
• The value of each party's non-marital assets
• Any prenuptial or postnuptial agreements that address spousal support

In some cases, temporary spousal support may be awarded to help one spouse during the divorce proceedings while they establish their own financial independence. In other situations, long-term or permanent spousal support may be ordered. The amount of time that spousal maintenance will be paid will depend on the length of the couple's marriage. The amount of support that will be paid will be calculated using a formula that will be based on the income each party earns as well as the factors enumerated above.

Child Parenting Time

When a couple has children together, parenting time arrangements will be a crucial aspect of the divorce process. Parents will need to determine how to divide or share different parental responsibilities, including determining how they will make decisions about issues such as education and healthcare. Schedules for parenting time, which is the time when children will be in the care of each parent and live in each parent's home, will also need to be created.

Illinois operates under the "best interests of the child" standard when making decisions about parenting time and parenting responsibilities. The court will be looking to ensure that the decisions made will provide for children's ongoing health, safety, and well-being while preserving and encouraging parent/child relationships so as to help to ensure children will be able to succeed as they grow and develop. When determining what arrangements will provide for children's best interests, a judge will consider factors such as:

• The children's relationship with both parents
• The desires of the parents
• The desires of the children, if they are mature enough to express their preferences
• How well each parent will be able to provide for the children's needs
• Any physical or mental health issues affecting the parents or children
• Each parent's level of involvement in caring for children and making child-related decisions during their marriage
• The parents' willingness to cooperate with each other as they co-parent their children
• The distance between the parents' homes and their ability to transport children
• Any other relevant factors that may affect the children's best interests

Contact Our St. Charles Divorce Attorneys

Your divorce will involve a variety of complex legal issues, and it is important to work with an attorney to ensure that you make the right decisions during this process. At McSwain Nagle Giese & Rapp, P.C., we have extensive experience helping spouses navigate through the divorce process in St. Charles, Illinois. We understand that this is a challenging time for you, and we are prepared to work tirelessly to advocate for your best interests. Contact us at 630-407-1200 to schedule a complimentary consultation. We can provide the guidance and support you need as you work to dissolve your marriage, ensuring that you will be positioned for success in the future.